Fact Sheet 85a – Changes to Detention Debt

Summary of key changes

• Clients who were in detention or had an immigration detention debt on 9 November 2009 were affected by these changes
• On 9 November 2009 all outstanding immigration detention debt was extinguished
• However, as from 9 November 2009 newly convicted people smugglers, convicted illegal foreign fishers and liable third parties became liable for the costs of their immigration detention
• Debt for the cost of removal or deportation was not affected and remains in place
• More information can be found by contacting the department's enquiry line.
  Telephone: 131 881 (Monday to Friday, 9 am to 4 pm)

Changes to the Migration Act

The original objective of the immigration detention debt policy was to make clients who were detained contribute to the cost of their immigration detention. It was thought this would minimise the costs of immigration detention to the Australian community. These objectives were not met and detention debt policy did not contribute to minimising costs to the Australian community.

On 8 September 2009 parliament passed the Migration Amendment (Abolishing Detention Debt) Bill 2009. The Bill extinguished all outstanding debt clients may have incurred for their immigration detention.

The Migration Amendment (Abolishing Detention Debt) Bill 2009 took effect on 9 November 2009.

From 9 November 2009 newly convicted people smugglers, convicted illegal foreign fishers and liable third parties remain liable for their immigration detention debts. This was in recognition of the seriousness of these offences.

There is no capacity to claim back debts previously paid to the Australian Government (whether in part or in full).

What has changed

The following immigration detention debts have been extinguished:

• clients' liability for the daily cost of keeping and maintaining them in immigration detention
• clients' liability for the cost of transporting them to and from places of immigration detention.

What has not changed

Costs associated with removing or deporting clients have remained in place.

 

Further information is available on the department's website.
See: www.immi.gov.au

The department also operates a national general enquiries line.
Telephone: 131 881
Hours of operation: Monday to Friday from 8.30 am to 4.30 pm. Recorded information is available outside these hours.

Fact Sheet 85a. Produced by the National Communications Branch, Department of Immigration and Citizenship, Canberra.
Last reviewed 11 February 2011.

© Commonwealth of Australia 2009.